MINUTES OF ACCE MEETING August 9, 2005
Fairmont State University
Fairmont, West Virginia
ATTENDANCE
Members in attendance:
Excused:
Guests:
CALL TO ORDER
Chairperson, Ms. Amy Pitzer from Concord University convened the meeting at 10:12 am. Ms Pitzer opened the meeting by paying tribute to Ms. Sandy Shriver, ACCE representative from Fairmont State University and Ms. Annette Schorr, ACCE representative from Fairmont State Community and Technical College for their willingness to host the meeting as well as their hospitality.
INTRODUCTIONS
Ms. Pitzer proceeded to introduce Ms. Linda Longstreth, Delegate from the 43rd district (D-Marion). Ms. Longstreth, who is a member of the Education Committee, expressed support for higher education. She commented on the Legislature’s uncertainty about the upcoming Special Session until the Governor specifies the items to be considered. She also stated an interest in learning more about the ACCE organization and the concerns of ACCE. She seemed genuine in her willingness to listen to ACCE as it relates to issues that affect the organization.
Following the comments of Delegate Longstreth, Ms. Pitzer requested the ACCE members to introduce themselves and state the institutions they represent. The Chairperson proceeded to recognize Dr. Daniel Bradley, President of Fairmont State University and Mr. Blair Montgomery, President of Fairmont State Community and Technical College. Dr. Bradley and Mr. Montgomery welcomed us to the campus and wished us a productive day. Ms. Pitzer also recognized several staff members from Fairmont State University who were present at the meeting.
APPROVAL OF MINUTES FROM ANNUAL PLANNING MEETING
Mr. Bob Long from Higher Education Policy Commission distributed copies of the minutes from the Annual Planning Meeting held in July at Heritage Farms. He noted an error on page one that referenced the date and time of that meeting. The 1:00 p.m. had a period rather than a colon. Ms. Johnna Beane from WVU School of Medicine Robert C. Byrd Health Sciences Center/Charleston Division noted an omission of the phase legislative and executive branches of state government under ARTICLE III PURPOSE (c). Mr. Robert A. "Zac" Wycherley from West Virginia Northern Community College noted several other minor changes. Mr. Wycherley
made motion to accept the amended minutes. Mr. Fred Hardee from Bluefield State College seconded the motion to accept the amended minutes.
MOTION UNANIMOUSLY APPROVED
Mr. Long reported that copies of the handouts from the Annual Planning meeting had been distributed to those ACCE representatives who were absent from the meeting.
BY-LAWS AMENDMENT APPROVAL
Mr. Long reported on the proposed changes to the By-Laws. He stated that the changes that were approved at the Annual Planning meeting have been incorporated and that both the current version of the By-Laws and the proposed version were distributed via e-mail on August 15. However, he reported that he would resend the two versions again. Once that distribution takes place, it will be necessary for the Chairperson to establish a deadline date for voting.
MEETING WITH GOVERNOR
A discussion took place relative to the issues that should be presented to the Governor during the August 22nd meeting. One major issue involved the September Special Session where salary issues are to be discussed. To ensure higher education employees are on the radar screen ACCE needs to remind the Governor that higher education employees are state employees. Mr. Wycherley mentioned an August 3 article in the Charleston Gazette whereby locality pay was mentioned and he reminded ACCE that the legislature did not give institutions flexibility over personnel. Ms. Pitzer reminded the group that LOCEA must approve any requested changes as it relates to personnel. Mr. Bob MacPhail commented that from his vantage point ACCE needs to remain steadfast on its insistence that the personnel rule remains in code. Mr. Sid Cooper emphasized the need for enforcement provisions to be contained to code.
Delegate Longstreth commented that legislators are unsure as to what the Governor will recommend. She also commented on the August 3 article by stating most legislators are unaware of the specifics at this point in time. Mr. Cooper mentioned the issue of representation of ACCE in code. Mr. Wycherley commented on the issue of across the board raises versus equity pay and/or locality pay. Mr. Long reminded the group of the criticism that ACCE received from some segments of the classified employees over the stance that was taken by ACCE on the "zero step." He stated that he was totally supportive of that position. With that in mind he believed the current prospect of salary increases was an excellent opportunity for ACCE to demonstrate its support for senior classified staff by recommending the funding be placed in the salary schedule and distributed according to how far an employee’s current salary is from where it should be. Thus, the major portion of the funds would be distributed to more senior employees.
Ms. Pitzer formed a committee of Mr. Sid Cooper, Ms. Johnna Beane and Mr. Robert Long to develop several methods of distributing salary raises for classified employees should higher education employees be included and the appropriated funds are allocated on a Lump Sump basis versus a Percentage or Across-the-Board Raises. Secondly, the development of an ACCE position should higher education employees be excluded from any salary increase.
The members agreed that full funding of the "zero step" by July 1, 2005 was a prerequisite. All educations institutions have complied with the "zero step" except West Virginia University and its affiliated campuses
The committee presented the following scenarios:
LUMP SUM SALARY INCREASE
PERCENTAGE OR ACROSS-THE-BOARD RAISES
Employees will be given a percentage of the difference between where they are and where they should be on the salary schedule, with emphasis placed on employees who are furthest from their step.
Any increases given to classified employees shall be comparable to that given to faculty and non-classified employees.
EXCLUSION OF HIGHER EDUCATION EMPLOYEES FOR SALARY INCREASES
Discussion continued on issues to be addressed with the Governor. Ms. Pitzer raised the issue of the 82/20 percent cost share dilemma of the PEIA and the resulting increase in employee premiums should the current law not be modified. Any salary increase could be offset by corresponding PEIA premium increases.
Delegate Longstreth made departing remarks inviting ACCE representatives to keep her informed of ACCE positions and concerns. She asked ACCE for feedback to the House Education Committee. Ms. Pitzer thanked Ms. Shriver and/or Ms. Schorr for inviting Delegate Longstreth to the meeting.
Returned to PEIA discussion. It was mentioned that PEIA projects a surplus of $30 million and questioned the need to raise premiums. It was suggested that ACCE should discuss the issue with the Governor and encourage his support of a delay in the required premium. Executive Committee will meet to discuss issues to be presented to Governor. Further discussion took place on the merits of locality pay.
Ms. Pitzer commented that the West Virginia University lawsuit is working its way through the system on a fast track and there could be action as early as September. Mr. MacPhail brought up the issue of non-classified versus classified. Ms. Pitzer noted that the percentage was initially 4%, raised to 10%, later raised another 10% and later another 5% was given to Marshall University and West Virginia University.
Ms. Beane mentioned sharing the ACCE legislative items for the 2006 session with the Governor.
Ms. Pitzer read a letter that the Chancellor issued last April relative to salary increases. It was mentioned that the Chancellor later retracted the directions given to institutions as it related to the ability of individual institutions giving raises to employees.
Mr. MacPhail
made motion to approve the Committee’s first two methods of distributing any allocated funds for salary increases to classified employees with the third method being a fall back position. Mr. Fred Hardee seconded the motion.
MOTION UNANIMOUSLY APPROVED
The issue of merit pay was raised. Ms. Schorr stated that merit pay should not be implemented until the salary schedule is fully funded. Mr. Cooper commented on the need for an instrument to be in place for training supervisors and a mechanism for assessment purposes. Mr. Long reported on the evaluation process that has been implemented at the West Virginia Higher Education Policy Commission. He reported that employees are given an opportunity to complete a self-evaluation. Should a supervisor fail to perform an employee evaluation within the established time line and that employee had performed a self-evaluation, then the self-evaluation must be utilized in any salary increase based on merit.
Mr. MacPhail
made a motion to present the Governor with a letter that lists ACCE’s legislative items for the 2006 session that were developed at the Annual Planning meeting. Ms. Johnna Beane seconded the motion.
MOTION UNANIMOUSLY APPROVED
JEC VACANCY
Ms. Pitzer reported on the need for a replacement of past ACCE Chair Stephanie Neal on the JEC Committee. She described the responsibility of the JEC Committee, the number of meetings per year and probable costs. She encouraged anyone that would be interested to contact her.
Ms Pitzer requested that the minutes read that ACCE members wish to express our condolences to Mr. Paul Martinelli and his family over the loss of his mother.
SERIES 8 REVIEW
Ms. Pitzer noted that Dennis Taylor, Vice Chancellor of Administration at WVHEPC, had identified the four areas that needed to be reported on at the October LOCEA meeting. The areas are human resource qualifications and training, salary policies, performance evaluations and classified and non-classified employee definitions.
The group proceeded to review Series 8 starting at the beginning under 133-8-1 General through 5.16(b).
2.1. No changes
2.1.a. No changes
2.1.b. No changes
2.1.c. Casual employee-Delete second sentence starting with (Individuals in a casual employee position etc) ACCE would be receptive to deleting the definition for casual employee providing institutions do not have a need for its retention.
2.1.d. No changes
2.1.e. Recommend using code language in 18B-9-2(a). A non teaching employee
2.1.f. Define involuntary transfer
2.1.g. thru 2.1.l. No changes
2.1.m. Move last two sentences in this section to Benefits Section
2.1.n. and 2.1.o. No changes
2.1.p. Take out word "normally" in second sentence. Need to add If deemed necessary need to post job. Military leave needs to be placed under military section. Revised language for this section.
2.1.q. thru 2.1.t. No changes
2.1.u. Expected to be no less than 1950 hours/12 months
2.1.v. No changes
2.1.w. Delete the word "last" from first sentence
2.1.x. thru 2.1.aa. No changes
2.1.bb. Delete the words "sixteen (16), "for the office" and the word "and" after Chancellor of the HEPC also Place comma after HEPC in the first sentence
2.1.dd Changes were made but unsure of language. Mentioned first sentence add "whose position was" Return to employment after RIF has occurred. Recall to higher position and issue of voluntary or involuntary
2.1.ee. Changes were made but unsure of language. Mentioned same or different institutions and issue should return to same place on schedule as when the person left.
2.1.ff. and 2.1.gg. No changes
2.1.hh. Add words "shall have a maximum end date"
2.1.ii. and 2.1.jj. No changes
Noted that there was a need for definition of Classification Program
133-8-3 Types of Higher Education Employees
3.1. Noted separate definitions report separately
3.1.b. Add 1,950 hours but not less than 1,040 hours. Need to address non-classifed critical retention
3.2. Intent to count only classified and non-classified employees
3.2.a. Sub categories of each and refer to 18B-9-1 other than faculty and non-classified
3.3 Address as an exception "will and pleasure" employee example campus security police and place in Section 2. Add Adjunct (three types) See faculty policy
133-8-4 Appointment No changes to this section
133-8-5 Classified Employees Classification, Compensation and Employment
5.12.a. Change second sentence to read Consequently, institutions may only employ individuals into temporary positions in instances where the position will last less than nine consecutive months of employment (regardless of hours worked per week).
5.12.b. Classified employees who are employed in less than twelve month positions add "or are on an institutional recall list of less than one FTE" and who
5.13. No changes
5.14.a. No changes
5.14.b. need description of qualifications in second sentence the employees are equally qualified add "as determined by whom"
5.14.c. May need to deal with casual hinging on inclusion or exclusion of casual in definition section
5.14.d. Delete word "non-exempt" in last sentence
5.15.a. serve a six-month probationary period beginning add "on the initial date of the appointment as a full-time regular employee."
5.15.b. the employee shall receive a written evaluation of her/his performance add "by the immediate supervisor" Issue should Probationary employees be permitted to apply for other advertised positions including upgrades and promotions during the probationary period. Send out to all members for input. See old Series 62
5.15.c. words Progressive and abbreviated need defined
5.16. No changes
5.16.a. Delete second sentence
5.16.b. May need to address casual hinging on action taken on casual employee
Mr. Dennis Taylor needs input from ACCE on two as yet unaddressed areas.
Issues to be considered consist of:
Ms. Barbara Neuman reported on a situation where a classified employee filed a grievance and the claimant’s grievance was upheld in Circuit Court. The court awarded the claimant compensation. The ruling was subsequently appealed to the state Supreme Court. The state Supreme Court elected not to hear the case but remanded it back to the Circuit Court. Her question was what could ACCE do to assist the employee in obtaining the specified compensation? A discussion occurred and several suggestions were offered but no formalized action plan was approved.
OLD BUSINESS
There was none.
NEW BUSINESS
Ms. Pitzer expressed her appreciation to those members who were able to stay and work on the Series 8 review. She also once again expressed gratitude to both Ms. Sandy Shriver and Ms. Annette Schorr for their efforts and hospitality in hosting the meeting.
Mr. Robert A. "Zac" Wycherley
made motion to adjourn the meeting. Mr. Robert Long seconded the motion.
MOTION UNANIMOUSLY APPROVED
Meeting adjourned at 6:12 pm.
RESPECTFULLY SUBMITTED
Robert E. Long, Secretary
APPROVED AMENDED MINUTES September 16, 2005